| 438 | https://historysoa.com/items/show/438 | Report of the Committee of Management (1898) | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=49&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=%3Cem%3EReport+of+the+Committee+of+Management%3C%2Fem%3E+%281898%29"><em>Report of the Committee of Management</em> (1898)</a> | The annual report of the <a href="https://historysoa.com/exhibits/show/management-committee">Management Committee</a> for 1898. | | <a href="https://catalog.hathitrust.org/Record/102668289" target="_blank" rel="noopener">https://catalog.hathitrust.org/Record/102668289</a> | | | | | | | | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=51&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Publication">Publication</a> | 1898-Annual-Report | | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=78&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Horace+Cox">Horace Cox</a> | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=76&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=1898">1898</a> | | | | | | | | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=4&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=London">London</a> | | 18980101 | <br />
<br />
S.<br />
MAY, 31.1899 |<br />
is R A Rºº,<br />
SOCIETY OF AUTHORS..º.<br />
(INCORPORATED.)<br />
IBº, IEE F O Eº, T.<br />
or thin<br />
COMMITTEE OF MANAGEMENT,<br />
E OR THE YEAR EN DING<br />
DECEMBER, 1898.<br />
Offices—4, PORTUGAL STREET, W.C.<br />
LONDON: HORACE COX,<br />
PRINTER. To THE S001ETY OF AUTHORS,<br />
WINDSOR HO USE, BREAM'S BUILDINGS,<br />
<br />
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<br />
SOCIETY OF AUTHORS, DEC., 1898.<br />
--~~~~~~~~~~~~~~~~~~~~<br />
- ---------------<br />
PRESIDENT,<br />
GEORGE MEREDITH.<br />
COUNCIL,<br />
SIR EDw1N ARNOLD, K.C.I.E., C.S.I. ANTHoNY HoPE HAwkins.<br />
J. M. BARRIE. JEROME. K. JERoME.<br />
A. W. A BECKETT. J. Scott KELTIE, LL.D.<br />
ROBERT BATEMAN. RUDYARD KIPLING.<br />
F. E. BEDDARD, F.R.S. PROF. E. RAY LANKESTER, F.R.S.<br />
SIR HENRY BERGNE, K.C.M.G. W. E. H. LECKY, P.C.<br />
|<br />
|<br />
|<br />
SIR WALTER BESANT. J. M. LELY.<br />
AUGUSTINE BIRRELL, M.P. THE REv. W. J. Loftik, F.S.A.<br />
REv. PROF. Bonney, F.R.S. SIR. A. C. MACKENZIE, Mus. Doc.<br />
The RIGHT HON. JAMES BRYOE, M.P. PROF. J. M. D. MEIKLEJOHN.<br />
THE RIGHT HON. THE LORD BURGH- HERMAN C. MERIVALE.<br />
CLERE, P.C. THE REV. C. H. MIDDLETON-WAKE.<br />
HALL CAINE. SIR LEwis MoRRIs.<br />
EGERTON CASTLE, F.S.A. HENRY NORMAN.<br />
P. W. CLAYDEN. MISS E. A. ORMERod.<br />
EDWARD CLODD. | J. C. PARKINSON.<br />
W. MORRIS COLLES. THE RIGHT HON. THE LORD PIRBRIGHT,<br />
HON. JOHN COLLIER. - P.C., F.R.S.<br />
SIR. W. MARTIN CONWAY. SIR FREDERICK POLLOCK, BART., LL.D.<br />
F. MARION CRAWFORD. WALTER HERRIEs Poi,Lock.<br />
THE RIGHT HON. THE LORD CURZON. W. BAPTISTE SCOONEs.<br />
P.C. MISS FLORA. L. SHAw.<br />
AUSTIN DOBSON. G. R. SIMS.<br />
A. CONAN DOYLE, M.D. S. SQUIRE SPRIGGE.<br />
A. W. DUBOURG. J. J. STEvenson.<br />
PROF. MICHAEL FOSTER, F.R.S. FRANCIS STORR.<br />
D. W. FRESHFIELD. WILLIAM MOY THOMAS.<br />
RICHARD GARNETT, C.B., LL.D. H. D. TRAILL, D.C.L.<br />
EDMUND GOSSE. MRS, HUMPHRY WARD.<br />
H. RIDER HAGGARD. MISS CHARLOTTE M. YONGE.<br />
THOMAS HARDY.<br />
Hon. Counsel—E. M. UNDERDOWN, Q.C.<br />
COMMITTEE OF MANAGEMENT.<br />
Chairman—SIR. W. MARTIN CONWAY.<br />
A. W. A BECKETT. ANTHONY HOPE HAWKINS.<br />
SIR WALTER BESANT. J. SCOTT KELTIE, LL.D.<br />
EGERTON CASTLE, F.S.A. J. M. LELY.<br />
W. MORRIS COLLES. HENRY NORMAN.<br />
D. W. FRESHFIELD. FRANCIS STORR.<br />
H. RIDER HAGGARD,<br />
SUB-COMMITTEES.<br />
ART. | MUSIC.<br />
THE HON. John CoILIER (Chairman). C. WILLIERs STANFORD, Mus. Doc.<br />
SIR. W. MARTIN CONWAY. (Chairman).<br />
M. H. SPIELMANN. JACQUES BLUMENTHAL.<br />
DRAMA.<br />
HENRY ARTHUR JONES (Chairman). A. W. A BECKETT. I EDWARD ROsm.<br />
--- FIELD, BOSCOE, & CO., Lincoln's Inn Fields.<br />
solicitors: & Hºnºr thing, 'BA. H. Portugal street.<br />
Secretary—G. HERBERT THRING, B.A.<br />
OFFICES.<br />
4, Portugal STREET, LINGOLN's INN FIELD8, W.C.<br />
<br />
<br />
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<br />
Report of the Committee of Management.<br />
—cocº-<br />
THE Committee have much pleasure in laying the Report for<br />
1898 before the members of the Society. They are happy to<br />
state that the Society is in a sound and healthy position,<br />
financially and otherwise. During the past year another £100<br />
has been invested on capital account, bringing the total up to<br />
£690, as will be seen in the accounts on page 19. The<br />
Committee, however, still feel the want of sufficient funds to<br />
carry out many important requirements for the benefit of<br />
authors, but are glad to be able to report that the growth of the<br />
Society in this respect, though slow, is still sure.<br />
During the past year the number of new members elected has<br />
slightly exceeded the number of those elected in the preceding<br />
year; but, as in the last Report, the Committee must point out<br />
that this does not mean a corresponding increase in the number<br />
of members of the Society. There have been, as usual, many<br />
resignations; the Committee have also had to strike out many<br />
names for non-payment of their subscription; there have also<br />
been a considerable number of deaths. The total amount of<br />
resignations and erasions for non-payment is 120, and of deaths<br />
ten; so that the nett increase in the members of the Society is<br />
about 60.<br />
With regard to the first two (resignations and erasions) the<br />
Committee would like to put strongly before their members<br />
that there are certain things that the Society cannot do, and<br />
<br />
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<br />
( 4 )<br />
further, that they cannot give the same official support to those<br />
who join only when they are in difficulty as to older members<br />
since it is necessary for them to consider, in taking legal steps<br />
and incurring other expenditure, the claims of those who have<br />
been the Society's supporters for many years. It is owing to<br />
these reasons that a great many resignations and erasions have<br />
occurred. With regard to the third (deaths), it is with feelings,<br />
of sincere regret that the Committee have to report during<br />
the past year the deaths of some of their oldest members and<br />
strongest supporters. Amongst these are the following: The<br />
Rev. Canon Bell, D.D., William Black, the Earl of Desart,<br />
Mrs. Haweis, Mrs. Lynn Linton, James Payn.<br />
THE COMMITTEE.<br />
Under the constitution of the Society, Sir Walter Besant,<br />
Mr. J. M. Lely, and Sir A. C. Mackenzie resigned from the<br />
Committee at the commencement of the year in due rotation.<br />
Sir Walter Besant and Mr. Lely presented their names for<br />
re-election, and were re-elected in due course. Mr. Scott Keltie<br />
was elected to fill the vacancy caused by the resignation of<br />
Sir A. C. Mackenzie from the Committee.<br />
Sir W. Martin Conway was unanimously elected Chairman of<br />
the Committee for the year.<br />
CORPORATE BODIES.<br />
As on sundry occasions it had been stated to the Committee<br />
that corporate bodies were unable to join the Society in their<br />
corporate capacity, the following resolution was unanimously<br />
passed at the meeting of the Committee held on June 24th :<br />
“It was resolved that, if it was thought advisable, the<br />
Committee would elect the Chairman or other officer of any<br />
corporate association as a member of the Author's Society, to<br />
<br />
<br />
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<br />
( 5 )<br />
represent such association, on payment of two guineas per<br />
annum on behalf of such association. The Chairman or other<br />
officer thus elected would be entitled to all the benefits of the<br />
Society for the publications of the association, and for advice<br />
with regard to the details of the body corporate, but not to<br />
advice on behalf of himself or any individual member of such<br />
association.”<br />
Two or three bodies have already availed themselves of the<br />
arrangement, and it is hoped that it will prove of service to the<br />
Society and to such bodies, as there are many all over the<br />
kingdom that publish works in their corporate capacity.<br />
BILL DEALING WITH PREFERENTIAL CREDITORS IN<br />
BANKRUPTCY.<br />
The Committee, during the past three or four years, have<br />
had many complaints that it has been impossible to recover<br />
any money due on authors’ contributions which have been<br />
accepted by magazines and papers that have subsequently gone<br />
into liquidation. (The difficulties of the situation are set forth in<br />
this Report, page 9, under the cases that have been before the<br />
Society.) As the position in many cases reached a very<br />
acute stage, owing to the authors being deprived of the remu-<br />
neration for their work, the Committee decided to draft a Bill<br />
placing authors as contributors to magazines and periodicals<br />
on the basis of preferential creditors. They accordingly in-<br />
structed counsel (Mr. F. B. Palmer, 5, New Square, Lincoln's<br />
Inn), through their solicitors to draft a short Bill to meet<br />
the case. The thanks of the Society are due to Mr. Palmer,<br />
who drafted the Bill in accordance with instructions, refusing<br />
to take any counsel's fees. The London branch of the Institute<br />
of Journalists, whose chairman (Mr. a Beckett) is a member<br />
of the Committee of the Society, gave their strong adherence<br />
<br />
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<br />
( 6 )<br />
to the principles of the Bill, and stated to the Committee that<br />
they were pleased that the matter had been taken in hand. It<br />
was decided to ask Sir J. Willox (through Mr. a Beckett) to<br />
undertake the bringing forward of the Bill. It is understood<br />
that Sir J. Willox has consented to do so next session.<br />
Books ELLERS AND THE DISCOUNT QUESTION.<br />
It will be remembered that in the Report for last year the<br />
Committee went fully into a scheme that was approved by the<br />
Publishers’ Association dealing with this subject, but they<br />
found they were unable to support the scheme, owing to cer-<br />
tain facts contained therein, which were fully set forth in a<br />
report of the sub-committee appointed to deal with the question,<br />
and approved by the Committee. The main objection was<br />
that the working of the scheme resulted in a restraint on the<br />
freedom of trading.<br />
This report considered in detail, and with very full evidence,<br />
the whole position of the bookselling trade.<br />
In the beginning of the current year the Secretary of the<br />
Booksellers’ Association prepared a fresh scheme for the con-<br />
sideration of the Authors’ Society. The sub-committee met on<br />
several occasions and prepared a further report, approving of<br />
the new scheme as submitted, with a few slight modifications<br />
and suggestions. The scheme was printed in the July number<br />
of the Author. After the booksellers had received and con-<br />
sidered the scheme with the Society's suggestions, the matter<br />
was laid before the publishers, and a meeting was held in the<br />
beginning of August, between a very influential deputation of<br />
booksellers and a committee of publishers. The booksellers<br />
present unanimously supported the proposed arrangement. The<br />
Committee of the Society were asked to attend, but owing to the<br />
date fixed were unable to send a representative. They, however,<br />
with the full consent of the publishers, requested the Secretary<br />
<br />
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<br />
( 7 )<br />
to be present, in order to put forward the Society's view, and to<br />
learn what steps were to be taken for the benefit of the trade<br />
in the future. The meeting was held at Stationers' Hall. It<br />
was decided by all parties present that no report should be<br />
printed. It is only necessary to state that the booksellers<br />
were enthusiastic, and unanimously in support of the scheme;<br />
that they represented, with the exception of one or two discount<br />
booksellers in London, the whole book trade all over England;<br />
that the publishers were by no means unanimous, raising<br />
considerable opposition to adopting any new method for the<br />
distribution of books. Although they stated their willingness<br />
to assist the retail trade, there was an unwillingness to disturb<br />
the ruling methods of business.<br />
No doubt in the near future there will be some fresh develop-<br />
ments, and the publishers will explain fully their objections.<br />
PUBLISHERS' AGREEMENTs.<br />
It appears from the report of the meeting of the Publishers'<br />
Association in the Publishers' Circular, that one of the first works<br />
taken in hand by that association was the drafting of agree-<br />
ments between author and publisher. These agreements were<br />
laid before counsel, Mr. J. Walton, Q.C., M.P., and Mr. Ingpen,<br />
and settled by them.<br />
The Secretary of the Society on hearing of these agreements,<br />
wrote to the chairman of the Publishers' Association, asking<br />
if he would kindly forward copies when settled for criticism<br />
in the Author. This the chairman very kindly consented to do.<br />
When the agreements came to hand the Secretary criticised them<br />
at considerable length, and in considerable detail. His criticism<br />
was approved by the Committee, and printed in the July<br />
number of the Author. The Committee have since decided to<br />
reprint the agreements in pamphlet form, with the Secretary's<br />
comments, and examples drawn from them. The Committee<br />
<br />
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<br />
( 8 )<br />
would like to impress upon the members of the Society that<br />
the agreements are thoroughly unsatisfactory, and that it would<br />
be good for all members of the Society to study them, together<br />
with the Secretary's comments, in case any firm of publishers<br />
should submit copies of them for signature. It is a pity that<br />
they should be so unsatisfactory, as the chairman of the Pub-<br />
lishers' Association in his speech states as follows:<br />
“We have got two of the best commercial counsel we could<br />
find to look through them, and see whether the agreements<br />
will hold water legally; whether they express the thing clearly,<br />
and obviate all possibility of dispute; and finally, and not<br />
the least important, whether they are between the parties an<br />
equitable method of arriving at the desired result.”<br />
It is difficult to understand how these agreements can be<br />
considered equitable between the parties, though no doubt from<br />
the publishers' point of view they are admirably drawn<br />
documents.<br />
ADDENDA TO THE METHODS OF PUBLISHING.<br />
Various papers that had appeared in the Author under<br />
the title of “Matters for Consideration,” written by the<br />
Secretary of the Society, have been reprinted in pamphlet form,<br />
entitled “Addenda to the Methods of Publishing.” These<br />
papers contained various difficulties, of which some had not<br />
been noticed in the “Methods of Publishing,” and others had<br />
sprung up since that work was first produced. The book forms<br />
a very useful appendix, and is worthy of the consideration of<br />
those who are not able to apply to the Secretary for informa-<br />
tion on agreements.<br />
ANNUAL DINNER.<br />
The Annual Dinner of the Society took place at the Holborn<br />
Restaurant, on Monday, May 2nd. The Bishop of London<br />
<br />
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<br />
( 9 )<br />
took the chair, and there were about two hundred members of<br />
the society and guests present.<br />
A soirée was held subsequently in one of the salons, and after<br />
a very pleasant evening the members and guests separated.<br />
A full account of the speeches has been printed in the June<br />
number of the Author.<br />
MAGAZINES IN LIQUIDATION.<br />
In another part of the Report, the Committee state that they<br />
have a Bill in preparation dealing with the question of making<br />
contributors to magazines preferential creditors in liquidation<br />
or bankruptcy proceedings. The reason they have taken this<br />
matter-up strongly is that during the past year there have been<br />
four or five cases of papers or magazines in liquidation. In<br />
each case many members of the Society have been involved.<br />
Although the Secretary and the solicitors of the Society have<br />
done their best to obtain the money due, they have been in<br />
nearly every case unsuccessful, owing to the fact that there were<br />
no assets available for distribution among the creditors. It<br />
might be to the advantage of the Society if the Committee put<br />
forward some facts with regard to the method on which some<br />
magazines are conducted.<br />
They are, in some cases, started by an individual with a small<br />
capital, who advertises largely for MSS., or obtains them through<br />
other means. When his capital is nearly expended, the whole<br />
affair is turned into a limited liability company. In the course<br />
of time the limited liability company goes bankrupt, leaving all<br />
the contracts with the authors unfulfilled and large sums due<br />
for payment for past and future work. It may happen that the<br />
originator of the magazine, who has been running the company<br />
as managing director at a salary, then purchases the assets of<br />
the bankruptcy at a small figure, and the magazine is still kept<br />
going with the contributions of the unfortunate author creditors.<br />
To the outside public, who do not happen to have sent in contri-<br />
B<br />
<br />
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<br />
( 10 )<br />
butions, the paper seems to be still running strongly. The<br />
name is the same ; it is only the proprietors who have altered.<br />
This rapid change of proprietors adds a further difficulty, as<br />
it is almost impossible to ascertain which proprietor is<br />
liable for which contract. Accordingly a further batch of<br />
contributors are deceived. There is another device which<br />
suggests itself to the ingenious proprietor, when he has turned<br />
the magazine again into a company, namely, the issue of deben-<br />
tures. The debenture holders are those who, interested in the<br />
circulation, and aware of the financial position, protect them-<br />
selves to the disadvantage of the contributors. The only thing<br />
that can be done under these circumstances is to drive the<br />
magazine into bankruptcy, and, if possible, off the market<br />
entirely. This may be a very strong measure, and it may, in<br />
one or two cases, hurt the authors that happen to be creditors,<br />
but it prevents a large number of members of the Society from<br />
again being led into these difficulties. The cases of all the<br />
bankrupt magazines, however, are not as bad as the one<br />
above quoted, although in nearly every case the debenture-holder<br />
is to be met, who, on the sale of the magazine, pockets all the<br />
assets, leaving none for the unfortunate creditors. Members<br />
of the Society cannot be too careful with what magazines<br />
they deal, and to secure prompt payment from those that<br />
are not absolutely trustworthy. In some cases, where the<br />
matter has been put into the Secretary's hands at once, payment<br />
has been secured before the final crash. As a general rule, the<br />
Secretary is cognizant of the financial position of magazines,<br />
and can advise authors as to whether it is worth their while to<br />
take stringent measures or not.<br />
ADVISORY WORK AND LEGAL CASEs.<br />
The advisory work of the Society has been very heavy during<br />
the past year, and shows a considerable increase on that of the<br />
previous year. The Committee are always glad to see members<br />
<br />
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<br />
( 11 )<br />
make full use of the Society; though still, no doubt, there are<br />
many members who would profit considerably if they used the<br />
Society more. Prevention is always better than cure. With<br />
regard to the cases taken up during the past year (by cases are<br />
meant those questions in which the Secretary interposes between<br />
the publisher or editor and the author), the number taken in<br />
hand shows an increase. The settlement of the cases shows<br />
from nearly all points a satisfactory result. In all there have<br />
been 110 cases before the Society. Of these eight were<br />
for infringement of copyright, and the Society has had very<br />
little difficulty in settling them, although in three or four<br />
the Secretary had to go so far as to threaten to place the matters<br />
in the hands of the Society's solicitors, and in two cases had<br />
actually to do so. It is sometimes the principle of the offender<br />
to try and brazen out the infringement by making one excuse or<br />
another, but when he sees that the Society is in earnest, the<br />
matter is generally easily arranged. Members should, therefore,<br />
always be prepared to go to the Courts, should the Secretary or<br />
the Society’s solicitors advise such a course. Fifty cases have<br />
been before the Society in which money has not been paid when<br />
due. In about forty of these cases it has been possible for<br />
the Secretary to obtain the amount by writing a letter, or,<br />
in case the first letter obtains no reply, threatening to put the<br />
matter in the solicitors’ hands. In one or two cases the Society<br />
has been able, after putting the matter in the solicitors’ hands,<br />
to enforce payment; in the other cases payment has not been<br />
made owing to the fact that the magazine is in a bankrupt<br />
position. Bankruptcy, as has been pointed out, is, in nearly<br />
every case, disastrous to contributors. It is quite the excep-<br />
tion if a dividend is paid. With regard to both the infringe-<br />
ment of copyright and the application for money due, if<br />
the matter has been placed in the solicitors’ hands, it has<br />
been so placed with the consent of the Committee, and,<br />
as far as the law expenses are concerned, without cost to<br />
<br />
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<br />
( 12 )<br />
the member. The Committee would be glad to be able to<br />
report that the Society is so strong financially that it could take<br />
up all law cases which are backed with the support of its<br />
solicitors or counsel on behalf of its members as a matter of<br />
course; but, though it takes up many during the year, it is not<br />
always able to take up every question. The Committee, during<br />
the past year, have issued to those members whose cases they<br />
have taken up, a printed form of guarantee. The following is a<br />
copy of it:<br />
To THE SECRETARY,<br />
INCORPORATED SOCIETY OF AUTHORS,<br />
4, Portugal Street, W.C.<br />
1. I undertake to come to no settlement of the case between<br />
myself and ....................................... nor to withdraw from<br />
any proceedings which the Society's Solicitors may institute on<br />
my behalf without the concurrence of the Society's Solicitors,<br />
and that all negotiations shall be carried on through the Society's<br />
Solicitors or Secretary.<br />
2. I will give the Society or its Solicitors the best assistance<br />
that is in my power to carry the proceedings to a successful<br />
conclusion.<br />
3. Should the proceedings fail through any neglect or<br />
default on my part, I undertake to become responsible for all<br />
the costs of the action.<br />
(Signed) .......................................<br />
<br />
<br />
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<br />
( 13 )<br />
It is necessary, for the protection of the Society, that this<br />
guarantee should be signed.<br />
During the past year there have been five cases of bankruptcy<br />
in which the solicitors of the Society have carried through the<br />
claims of the various members. Unfortunately, only in one<br />
case was there any dividend paid, and in that case a very small<br />
one. -<br />
The Committee are glad to report that the Roxburghe Press<br />
has now ceased to exist, being one of the bankrupt companies.<br />
There have been twenty-three cases in which the subject in<br />
dispute has been publishers’ accounts. Either the accounts have<br />
not been rendered at the proper time, or when rendered have<br />
not been sufficiently in detail, or have been inaccurate, and thus<br />
necessitated careful inspection. In the cases where accounts<br />
have not been rendered, the Secretary has always been able to<br />
obtain them at once. Only in one case have the Committee<br />
felt the necessity of sending in an accountant to check the<br />
vouchers. In three other cases they have had to obtain a<br />
full accountant's report of the items sent in, with a view<br />
of taking further steps if necessary. Owing to the report<br />
being satisfactory, these further steps have, however, proved<br />
unnecessary. On two occasions a publisher refused to show<br />
his accounts and vouchers and books on the demand of the<br />
Society. The Society at once took up the matter, and were pre-<br />
pared to carry the question into Court, as the Committee<br />
consider it one of the gravest importance. In both these cases,<br />
however, the authors concerned were officials holding positions<br />
out of England, and they were unable in consequence to support<br />
the Society in bringing an action on their behalf. The Com-<br />
mittee regret exceedingly that they had therefore to abandon<br />
these two cases, but they beg to state to the members that if any<br />
case comes before the Society with no other issues involved,<br />
except the one of a publisher refusing to produce his books and<br />
vouch his accounts in full, they will carry that case right<br />
C<br />
<br />
<br />
## p. (#14) #################################################<br />
<br />
( 14 )<br />
through the Courts, as it is a point of vital principle that has<br />
been maintained by the Society ever since its foundation. In all<br />
other previous cases where the Society has employed its<br />
accountant, it has found publishers willing and ready to vouch<br />
their accounts in detail. The mere fact of a publisher refusing<br />
to do so would lead any reasonable person to draw the deduction<br />
that they were unable to do so, an inference which must be<br />
harmful to any publishing house. -<br />
In twenty-eight cases the Society have had to apply for the<br />
recovery of MSS. from editors or publishers, and in sixteen<br />
cases they have been successful. The Committee would like to<br />
point out the difficulty with regard to this portion of the work<br />
of the Society. In many cases authors have no acknowledge-<br />
ment whatever of the MSS. having been received, but without<br />
such acknowledgement it is impossible to prove anything satis-<br />
factorily. If an author could show that the MS. has reached<br />
the office, he must also be able to show that it has reached the<br />
hands of some responsible party in the office, and finally he must<br />
show that the persons dealing with the MSS. have been guilty<br />
of neglect. These points are very difficult for an author<br />
to prove ; though some members of the Society seem to think<br />
that under any circumstances the editors or publishers are<br />
responsible from the moment that the author has inserted the<br />
MS. in the Post Office, and one member went even so far as to<br />
state that as he had not heard from the editor he might draw<br />
the deduction that the MS. had been accepted.<br />
The Secretary has at all times (with one exception) met with<br />
the utmost courtesy and consideration from editors and<br />
publishers. They have been ready to make search for the<br />
MSS., and return them when found; but the Committee would<br />
like to state that they cannot, and will not, uphold the ease<br />
of members who bring the Society into discredit by making<br />
discourteous and impossible demands, and using the Society's<br />
name in such an issue.<br />
<br />
<br />
## p. (#15) #################################################<br />
<br />
( 15 )<br />
It has come to the notice of the Committee that writers, who<br />
are not members of the Society, have also used the Society's<br />
name as a threat to editors and publishers. While the Com-<br />
mittee strongly disapprove of members using the name of the<br />
Society in an unauthorised manner, they cannot too fully<br />
express their resentment at those who are not members of the<br />
Society making use of the Society's name. It brings odium on<br />
the work of the Society, and tends to lessen its power and effect<br />
in upholding the cause of authors generally. The Committee<br />
must also point out, as they have done in another part of the<br />
Report, that they do not feel themselves bound to give the same<br />
support to those who join only when in difficulty as to their old<br />
members.<br />
COPYRIGHT LAW REFORM.<br />
The action of the Committee with regard to the Consolidating<br />
and Amending Bill of the Copyright Association, as set forth<br />
in last year's Report, has been fully justified by the results.<br />
The Chairman of the Copyright Association, it will be remem-<br />
bered, asked the Society to assist them with the Bill, with a<br />
view to bringing it before the Houses of Parliament. The<br />
Committee stated in reply that they were very willing to do<br />
their utmost in assisting in the Consolidation and Amendment<br />
of Copyright, but they thought the time was inadvisable for<br />
taking such steps; that it would be impossible to pass a full<br />
Consolidating and Amending Bill, and that they ought not<br />
to take further action until the Society's short Amending Bill<br />
had passed both Houses; that the bringing forward of such<br />
a Consolidating and Amending Bill would put off Copyright<br />
legislation for an indefinite period. At the commencement of<br />
this year the Copyright Association's Bill was placed in Lord<br />
Herschell's hands, and was pushed to a second reading through<br />
the House of Lords at the same time as the Society's Amending<br />
Bill. The members of the Society will call to mind the fac<br />
<br />
<br />
## p. (#16) #################################################<br />
<br />
( 16 )<br />
that the Society's Bill was being piloted by Lord Monkswell,<br />
and had already passed the second reading at the former Session.<br />
Both Bills were referred to a Committee of the House of Lords.<br />
Considerable evidence from various quarters was given. The<br />
Secretary of the Society appeared and gave evidence on behalf<br />
of the Committee, setting forward their view of the position.<br />
This evidence has been printed in the Author and other papers.<br />
The Committee of the Society would like to say that in its final<br />
state the Copyright Amendment Bill is, on the whole, satis-<br />
factory as far as literary property is concerned, though there<br />
are certain points which they would like to see altered.<br />
The Committee will do their utmost to push forward Copy-<br />
right Law Reform and Amendment, but they regret that,<br />
owing to the course which the Copyright Association have<br />
thought fit to adopt, it appears that the consolidation of the<br />
law has been indefinitely postponed.<br />
It will be impossible to pass a full Consolidating and Amend<br />
ing Act in the present state of public business, and any small<br />
amendments that may now be put forward can always be put<br />
aside on the excuse that the big Bill is standing in the way.<br />
It is to be regretted, therefore, that with all the Committee's<br />
efforts amendment of the law has been impossible.<br />
GERMAN COPYRIGHT.<br />
In the spring of the year a telegram appeared in the Times<br />
announcing the withdrawal of Germany from the Anglo-German<br />
Convention for the protection of Authors’ copyright. The<br />
telegram referred to those treaties existing between Germany,<br />
Prussia, and England prior to the Berne Convention.<br />
Questions have arisen from time to time during the past few<br />
years as to how far these prior treaties had any effect on the<br />
articles existing between the countries under the Berne Con-<br />
vention. As stated in the telegram, these treaties have lost<br />
<br />
<br />
## p. (#17) #################################################<br />
<br />
( 17 )<br />
their legal force in Great Britain, and have now been declared<br />
mull and void by the withdrawal of Germany. There is, how-<br />
ever, one question, how far this withdrawal might have an<br />
effect on books published under these treaties prior to the<br />
Berne Convention, whether the withdrawal is retrospective, and<br />
in what way it may bear upon past publications. The result<br />
of an inquiry made by the Secretary at the Foreign Office was<br />
to the effect that the notice published by Germany did not<br />
in any way interfere with the Berne Convention, but merely<br />
referred to treaties prior to that Convention, the benefit of<br />
which had lapsed in both countries. A full statement of the<br />
German document was made in the April number of the<br />
Author.<br />
A further paper was received from the Secretary of State<br />
for Foreign Affairs, who had received it from the German<br />
Ambassador, relative to the position of British authors in<br />
Germany. It was printed in the June number of the Author.<br />
CANADIAN COPYRIGHT.<br />
During the past year the Committee have been watching very<br />
closely the interests of authors with regard to any proposed<br />
legislation on the subject of Copyright in Canada, but the<br />
matter is not at present ripe for any public statement.<br />
<br />
<br />
## p. (#18) #################################################<br />
<br />
THE INCORPORATED SOCIETY OF AUTHORS,<br />
Revenue Account for the Year ending 31st December, 1898.<br />
To Balance from 1897:<br />
At Bank<br />
Petty Cash in hand.<br />
33<br />
,, Donations -<br />
,, Reading Fees ...<br />
,, Proceeds of Publicati<br />
,, Dinner Account<br />
Annual Subscriptions<br />
RECEIPTS.<br />
January 1, 1898.<br />
5<br />
;<br />
|<br />
December 31, 1898.<br />
1,051 2<br />
... ... ... 4 9<br />
ons<br />
,, Dividends on Investments, viz.:<br />
£230 Lancashire<br />
Railway 33 °/o Pref. Stock<br />
£240 Staffordshire 3 °ſo County<br />
Stock<br />
£89 156 Consols 3: “I,<br />
By Management and Sun<br />
Postages and Telegrams<br />
Housekeeper<br />
Typewriting<br />
Fares<br />
Hire of Room for General Meeting<br />
Audit Fee<br />
Sundries ...<br />
,, Rent and Gas ...<br />
,, Salaries - - -<br />
Readers’ Fees ...<br />
,, Stationery<br />
, Advertising<br />
,, Expenses of Publicati<br />
, Legal Expenses<br />
Dinner Account<br />
Balance :<br />
At Bank - - -<br />
Petty Cash in hand<br />
33<br />
35<br />
and Yorkshire<br />
7 15<br />
6 19<br />
() 12<br />
PAYMENTS.<br />
December 31, 1898.<br />
dry Expenses:<br />
4;<br />
i<br />
|1<br />
ons<br />
;<br />
42<br />
S<br />
6–1,055<br />
75<br />
155<br />
139<br />
11 10<br />
11 S<br />
11 3<br />
13 ()<br />
6<br />
4<br />
4 — 15 7 2<br />
£1.507 10 1<br />
**-<br />
d. 39 s. d.<br />
2<br />
2<br />
1.<br />
2<br />
0<br />
()<br />
43–144 8 11}<br />
71 15<br />
399 2<br />
78 15<br />
78 16<br />
46 6<br />
465 1<br />
13 14<br />
156 15<br />
T.<br />
5<br />
2 — 52 15 7<br />
21,507 10 1<br />
We have examined this Account with the Books and Vouchers, and<br />
certify it to be in accordance therewith.<br />
MonumENT SQUARE, E.C.,<br />
OSCAR BERRY AND CARR,<br />
11th January, 1899.<br />
Auditors.<br />
<br />
<br />
## p. (#19) #################################################<br />
<br />
( 19 )<br />
THE INCORPORATED SOCIETY OF AUTHORS,<br />
Capital Account for the year ending 31st December, 1898.<br />
RECEIPTS.<br />
1898.<br />
Jan. 1st. To Balance at Bank as per last Account ... .879 7 9<br />
Dec. 31st. , Life Members’ Subscriptions during the<br />
Year --- --- --- - - - ... 35 8 10<br />
42114, 16 7<br />
PAYMENTS.<br />
1898.<br />
Dec. 31st. By Investment :<br />
£89 15 6 Consols ... 100 () ()<br />
Balance at Bank - - - ... 14 16 7<br />
– 4:114 16 7<br />
We have examined this Account with the Books and Vouchers, and<br />
certify it to be in accordance therewith.<br />
OSCAR BERRY AND CARR,<br />
MONUMENT SQUARE, E.C., Auditors.<br />
11th January, 1899.<br />
The Committee would like to make the following remarks on<br />
the financial statement submitted to the Society:<br />
Taking as the first item the Capital Account, it will be seen<br />
that one hundred pounds have been invested in Consols since<br />
1897. This makes a total of invested moneys as follows:<br />
£230 Lancashire and Yorkshire Railway, 34% £343 17 0<br />
£240 Staffordshire 3.4% County Stock ... 247 1() ()<br />
£89 15s. 6d. Consols 23% - - - - - - - - - 99 2 ()<br />
£690 9 ()<br />
the present price of which, as will be seen by the statement,<br />
altogether amounts to £6909s. Of this between £400 and £450<br />
<br />
<br />
## p. (#20) #################################################<br />
<br />
( 20 )<br />
was left to the Society in a legacy, and the remainder represents<br />
capitalised life membership fees.<br />
The annual subscriptions to the Society show the satisfactory<br />
increase of £55 on the previous year. Some seventy or eighty<br />
members have not yet paid for last year. Of the annual subscrip-<br />
tions, 450, a large number are paid by banker's orders. It is much<br />
more convenient both for the member and for the Society if this<br />
arrangement could always be carried out. It is earnestly hoped<br />
that members will pay by this means if they possibly can, as the<br />
circularisation of members for non-payment is a great expense<br />
to the Society. The Committee regret to state that about £50<br />
is annually lost to the Society by unpaid subscriptions.<br />
The issuing of circulars and the printing of them (which is<br />
included under “Stationery’’) make the charge under that head<br />
a heavy one. The circulars issued during the year are for<br />
the General Meeting, the Dinner, and the circulars for non-<br />
payment.<br />
The legal expenses are small during the present year for this<br />
reason, that in 1897 nearly the whole of the outstanding<br />
solicitors’ charges were paid, and during the present year the<br />
Society has received no further account. The item being so<br />
small does not mean, however, that the work of the Society in<br />
this branch has at all decreased. On the contrary; if anything,<br />
it has risen.<br />
The outstanding liabilities of the Society may be reckoned as<br />
amounting to a total of about £500, expenses incurred for<br />
Awthor, Solicitors, and Stationery charges. These may be<br />
looked upon as current expenses, but the amount is higher than<br />
the Committee would like. It will be reduced gradually. The<br />
Committee trust that the members of the Society will feel their<br />
position secure on the ground that against this £500 they have<br />
£690 invested capital, so that practically the Society is in a<br />
sound financial state; but of course an intact capital of at least<br />
£500 would be far more satisfactory.<br />
<br />
<br />
## p. (#21) #################################################<br />
<br />
( 21 )<br />
The List of Publications of the Society will be found on the<br />
first page of the Author and at the back of the Report. During<br />
1898 the Society has published “The Addenda to the Methods<br />
of Publishing,” by G. Herbert Thring. The proceeds of<br />
publications are derived mainly from sales, in addition to an<br />
amount derived from the insertion of advertisements in the<br />
Author.<br />
<br />
<br />
## p. (#22) #################################################<br />
<br />
( 22 )<br />
CONDITIONS OF MEMBERSHIP.<br />
ANNUAL SUBSCRIPTION.—The subscription is one guinea<br />
annually, payable on the 1st January of each year.<br />
LIFE MEMBERSHIP. — The sum of ten guineas for life<br />
membership entitles the subscriber to full membership of the<br />
Society.<br />
Cheques and Postal Orders should be crossed “The Union<br />
Bank of London, Limited, Chancery Lane Branch; ” or, “The<br />
London Joint Stock Bank, Limited, Westminster Branch.”<br />
Names of those who wish to be proposed as members may be<br />
sent at any time to the Secretary at the Secretary's offices.<br />
Subscriptions paid by members elected after 1st of October<br />
will cover the next year.<br />
The Secretary can be personally consulted between the hours<br />
of Two p.m. and Five p.m., except on Saturdays. It is<br />
preferable that an appointment should be made by letter.<br />
All communications made by the Secretary to those seeking<br />
his advice are absolutely confidential, and on this understanding<br />
alone advice is given.<br />
ASSOCIATES.<br />
Persons who have not published a book can only join the<br />
Society as Associates. The subscription and the advantages to<br />
be obtained are the same as those of membership, the difference<br />
being merely a nominal one. On notifying the Secretary of the<br />
publication of a book, their names will then be transferred to<br />
full membership.<br />
<br />
<br />
## p. (#23) #################################################<br />
<br />
( 23<br />
W A R N IN G. S.<br />
STAMP YOUR AGREEMENTS.–Members are most URGENTLY<br />
warned not to neglect stamping their agreements immediately<br />
after signature. If this precaution is neglected for two weeks,<br />
a fine of £10 must be paid before the agreement can be used<br />
as a legal document. In almost every case brought to the<br />
Secretary the agreement, or the letter which serves for one, is<br />
without the stamp. The author may be assured that the other<br />
party to the agreement never neglects this simple precaution.<br />
The Society, to save trouble, undertakes to get all the agree-<br />
ments of members stamped for them at no expense to themselves<br />
except the cost of the stamp.<br />
ASCERTAIN WHAT A PROPOSED AGREEMENT GIVES TO<br />
BOTH SIDES BEFORE SIGNING IT-Remember that an arrange-<br />
ment as to a joint venture in any other kind of business whatever<br />
would be instantly refused should either party refuse to show the<br />
books or to let it be known what share he reserved for himself.<br />
LITERARY AGENTS.–Be very careful. Members cannot be<br />
too careful as to the person whom they appoint as their agent.<br />
They place their property almost unreservedly in his hands.<br />
Their only safety is in consulting the Society, or some friend<br />
who has had personal experience of the agent.<br />
MEMBERs of the Society are earnestly desired to make the<br />
following warnings as widely known as possible. They are<br />
based on the experience of many years' work upon the dangers<br />
to which literary property is exposed —<br />
(1.) NEVER to sign any agreement, of which the alleged cost<br />
of production forms an integral part, until the figures<br />
have been proved. -<br />
(2.) NEVER to enter into any correspondence with publishers,<br />
especially with those who advertise for MSS., who are<br />
not recommended by experienced friends or by this<br />
Society. -<br />
<br />
<br />
## p. (#24) #################################################<br />
<br />
( 24 )<br />
(3) NEVER, on any account whatever, to bind themselves<br />
down to any publisher for future work.<br />
(4.) NEVER to accept any proposal of royalty until they have<br />
ascertained what the agreement, worked out on both<br />
a small and a large sale, will give to the author and<br />
what to the publisher.<br />
(5.) NEVER to accept any pecuniary risk or responsibility<br />
whatever without advice.<br />
(6.) NEVER, when a MS. has been refused by respectable<br />
houses, to pay others, whatever promises they may put<br />
forward, for the production of the work.<br />
(7.) NEVER to sign away foreign, which include American,<br />
rights, but to keep them by special clause. To refuse<br />
to sign any agreement containing a clause which<br />
reserves them for the publisher. If the publisher<br />
insists, take away the MS. and offer it to another.<br />
(8.) NEVER to sign any paper, either agreement or receipt,<br />
which gives away copyright, without advice.<br />
(9.) To keep control over the advertisements, if they affect<br />
the returns, by clause in the agreement. To reserve a<br />
veto. If ignorant of the subject, to make the Society<br />
their adviser.<br />
(10.) NEVER to forget that publishing is a business, like any<br />
other business, totally unconnected with philanthropy,<br />
charity, or pure love of literature.<br />
HOW TO USE THE SOCIETY.<br />
1. Every member has a right to advice upon his agreements,<br />
his choice of a publisher, or any dispute arising in the conduct<br />
of his business or the administration of his property. If the<br />
advice sought is such as can be given best by a solicitor, the<br />
member has a right to an opinion from the Society's solicitors.<br />
<br />
<br />
## p. (#25) #################################################<br />
<br />
25 )<br />
If the case is such that counsel's opinion is desirable, the Com-<br />
mittee will obtain for him counsel's opinion. All this without<br />
any cost to the member.<br />
2. Remember that questions connected with copyright and<br />
publishers' agreements are not generally within the experience<br />
of ordinary solicitors. Therefore do not scruple to use the<br />
Society first—our solicitors are continually engaged upon such<br />
questions for us.<br />
3. Send to the office copies of past agreements and past<br />
accounts, with the loan of the books represented. This is in<br />
order to ascertain what has been the nature of your agreements<br />
and the results to author and publisher respectively so far. The<br />
Secretary will always be glad to have any agreements, new or<br />
old, for inspection and note. The information thus obtained<br />
may prove invaluable.<br />
4. If the examination of your previous business transactions<br />
by the Secretary proves unfavourable, you should take advice as<br />
to a change of publishers.<br />
5. Before signing any agreement whatever, send the proposed<br />
form to the Society for examination. -<br />
6. The Society is acquainted with the methods, and—in the<br />
case of fraudulent houses—the tricks of every publishing firm<br />
in the country. Remember that there are certain houses which<br />
live entirely by trickery.<br />
7. Remember always that in belonging to the Society you<br />
are fighting the battles of other writers, even if you are reaping<br />
no benefit to yourself, and that you are advancing the best<br />
interests of literature in promoting the independence of the<br />
writer.<br />
8. Send to the Editor of the Author notes of everything<br />
important to literature that you may hear or meet with.<br />
<br />
<br />
## p. (#26) #################################################<br />
<br />
{ 26 )<br />
1.<br />
2.<br />
4.<br />
*<br />
7.<br />
REGULATIONS CONCERNING MANUSCRIPTS,<br />
The Society has a staff of readers who are competent to<br />
give a critical report upon MSS. submitted to them.<br />
The fee for this service will for the future be one guinea,<br />
unless any special reason be present for making it higher<br />
or lower. The amount must then be left to the Secretary's<br />
discretion.<br />
. For this sum a report will be given upon MSS. of the<br />
usual three vol. length, or upon collections of stories<br />
making in the aggregate a work of that length.<br />
In every case the fee and stamps for return postage must<br />
accompany the MSS.<br />
The fee will be given entirely to the reader.<br />
. The readers will not attempt to give an opinion upon works<br />
of a technical character.<br />
It is requested that a label may be sent with the MSS.,<br />
having upon it the author's name, the nom-de-plume<br />
(if any) under which the work is written, and the address<br />
to which the MSS. is to be returned. This communica-<br />
tion will be held as confidential.<br />
<br />
<br />
## p. (#27) #################################################<br />
<br />
<br />
<br />
## p. (#28) #################################################<br />
<br />
Publications of the Society.<br />
10.<br />
| THE ANNUAL REPORT. That for the past year can be had on<br />
application to the Secretary.<br />
| THE AUTHOR. A. Monthly Journal devoted especially to the<br />
protection and maintenance of Literary Property. Issued to all<br />
Members. Back numbers are offered at the following prices:<br />
Vol. I., 10s. 6d. (Bound); Wols. II., III., and IV., 8s. 6d. each<br />
(Bound); Wols. W. to VIII, 6s. 6d. (Unbound). Annual Sub-<br />
scription, 6s. 6d.<br />
LITERATURE AND THE PENSION LIST. By W. MoRRIs<br />
CoLLEs, Barrister-at-Law. 3s.<br />
| THE HISTORY OF THE SOCIETE DES GENS DE LETTRES.<br />
By S. SQUIRE SPRIgGE, late Secretary to the Society. 1s.<br />
| THE COST OF PRODUCTION. In this work specimens are given<br />
of the most important forms of type, size of page, &c., with estimates<br />
showing what it costs to produce the more common kinds of books.<br />
2s. 6d.<br />
| THE WARIOUS METHODS OF PUBLICATION. By S. SQUIRE<br />
SPRIgGE. In this work, compiled from the papers in the Society's<br />
offices, the various forms of agreements proposed by Publishers to<br />
Authors are examined, and their meaning carefully explained, with<br />
an account of the various kinds of fraud which have been made<br />
possible by the different clauses in their agreements. 3s.<br />
COPYRIGHT LAW REFORM. An Exposition of Lord Monks-<br />
well's Copyright Bill of 1890. With Extracts from the Report of<br />
the Commission of 1878, and an Appendix containing the Berne<br />
Convention and the American Copyright Bill. By J. M. LELY.<br />
1s. 6d.<br />
| THE SOCIETY OF AUTHORS, A Record of its Action from its<br />
Foundation. By WALTER BEs ANT (Chairman of Committee,<br />
1888-1892). 1s.<br />
| THE CONTRACT OF PUBLICATION in Germany, Austria,<br />
Hungary, and Switzerland. By ERNst LUNGE, J.U.D. 2s. 6d.<br />
THE ADDENDA TO THE “METHODS OF PUBLISHING."<br />
By G. HERBERT THRING. Being Additional Facts collected at the<br />
office of the Society since the publication of the “Methods,” with<br />
Comments and Advice. 2s. | https://historysoa.com/files/original/4/438/1898-Annual-Report.pdf | Committee of Management |